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Lecturer(s)
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Hamuľák Ondrej, JUDr. Ph.D.
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Stehlík Václav, doc. JUDr. LL.M., Ph.D.
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Bureš Pavel, JUDr. Ph.D.
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Course content
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Obsah (témata): 1. Introduction to the course - content and methodology 2. Pre-conditions for the Multi-Level Constitutional Dimension of the EU from Internal and Comparative Point of View. 3. Balancing the Aims and Interests of the Union and Member States during the Evolution of the European Integration. 4. National Constitutional Constructions of the Transfer of Powers from the Member States to the EU - Comparative Analysis 5. Mutual Loyalty between EU and Member States. Art. 4 of the TEU in Theory and Practice. 6. Role of the EU Institutions and Member States within the Decision Making Processes on the Level of EU. 7. Supremacy, Primacy and Pre-emption in Relations between EU and National Law - Supranational View (lecture 1). 8. Supremacy, Primacy and Pre-emption in Relations between EU and National Law - Supranational View (lecture 2). 9. Supremacy, Primacy and Pre-emption in Relations between EU and National Law - National View in Comparative Analysis (lecture 1). 10. Supremacy, Primacy and Pre-emption in Relations between EU and National Law - National View in Comparative Analysis (lecture 2). 11. Multilevel theories of European Integration. 12. Pluralistic theories of European Integration. 13. Who is Creator, Master, Boss and Director - Looking for Final Decisive Authority within the EU.
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training), Dialogic Lecture (Discussion, Dialog, Brainstorming), Work with Text (with Book, Textbook)
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Learning outcomes
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In present state of integration the EU ceased to be just a forum for negotiations between independent and sovereign nation states. It overlaps with the states and becomes their competitor. The process of European integration leads to a rivalry between power centres and to a certain degree of multi-level governance. It is a fact that the European Union is a new normative centre which creates its own independent legal system. This law, through its normative effects and application in everyday practice violates the autonomy of national law. Thus, the traditional state´s monopoly on the legal violence on its territory is no more present here. Yet, despite the pressure of integration, EU does not replace or absorb its Member States. States are still the key founding blocs of the integration, with the crucial position within the processes of constitutional transformations of the EU. European integration then brings us to a Janus-faced dilemma. Apart from understanding states as building blocks of the EU, we must keep in mind the perpetual process of autonomous constitutionalisation of the European Union and the orchards of its independence (own institutions, own legal system, own budgetary power, independent judicial power, autonomous and dominant legal norms etc.). The current integration is correlated with a certain degree of constitutional tensions and debates about defining the roles of the Member States, and the role of the EU, within it. One of the topical questions is how the integration and normative ambitions of the EU touch the concept of state´s sovereignty. Is the EU a quasi-federation with the sovereignty held by the centre? Or is it just a product and sovereignty is still, only and forever in the hands of Member States? Or did sovereignty even disappear once the Member States opted for the supranationality as the basic method of their cooperation? This course will offer a detailed insight on the issues of multilevel constitutional structure and the possibility of its theoretical grasp. Seminars will be focused both on assumptions and manifestations of this multilevel form in the system of positive law of the Union (autonomy of the Union and its institutions in counterpoint to the involvement of States in decision making and implementation of EU law, bilateral loyalty) and the positive law of the Member States (the constitutional structure the transfer of powers on Union). Attention will also be given to the detailed analysis of internal (national) effects of EU law (supremacy, priority, pre-emption, exclusionary effect, the substitution effect, interpretive guidance) and examples of implicit and explicit ideological conflicts between the Court and selected constitutional courts regarding the extent of these effects. The third dimension of the course will cover the most important theoretical approaches to multilevel constitutional nature of the EU, e. g. the concept of power-sharing (Stein), the principle of constitutional tolerance (Weiler), the concept of a European Commonwealth (MacCormick), post-Hobbesian (not)State (Schmitter), multilevel constitutionalism (Pernice), the concept of a constitutional mosaic or constitutional matrix (Walker, Tierney), contrapuntal constitutionalism (Maduro), institutional pluralism (Walker, Kumm), supranational federalism (von Bogdandy) pluralistic constitutionalism (Halberstam), constitutional arrangements States (Dashwood), etc.
Students will gain knowledge about the issues of multilevel dimension of European integration, knowledge of relevant case law and analytical skills necessary for further study and research on issues of constitutional dimension of European integration.
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Prerequisites
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Passing of this course is not conditional upon passing any other course.
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Assessment methods and criteria
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Oral exam, Written exam
In order to finish the course, active participation in tuition and successful passing of final exam (in combined form = essay + defence) is required. Study of relevant case-law and course reading materials is the required part of the preparation for the seminars.
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Recommended literature
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Alter, Karen. (2001). Establishing the Supremacy of European Law. New York: Oxford University Press.
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Arnull, Antohy et al. (2011). A Constitutional Order of States? Essays in EU Law in Honour of Alan Dashwood. Oxford.
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Avbelj, M., Komárek, J. (eds). (2012). Constitutional Pluralism in the European Union and Beyond. Oxford.
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DICKSON, J., ELEFTHERIADIS, P., et al. (2012). Philosophical Foundations of the European Union Law. Oxford.
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Habermas. (2001). The Postnational Constellation. Political Essayss. Cambridge, Massachusetts.
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Maccormick. (1999). Questioning Sovereignty. Law, State, and Nation in the European Commonwealth. New York.
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Micklitz, de Witte. (2012). The European Court of Justice and the Autonomy of the Member States. Cambridge.
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PHELAN, D., R. (1997). Revolt or Revolution: At the Constitutional Boundaries of the European Community.. Round Hall.
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Schütze, R. (2009). From Dual to Cooperative Federalism. The Changing Structure of European Law. New York.
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Slaughter, Stone Sweet, Weiler et al. (1998). The European Courts and National Courts: Doctrine and Jurisprudence. Oxford.
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STEIN, E. (2000). Thoughts from a Bridge. A Retrospective of Writings on New Europe and American Federalism.. Ann Arbor.
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VON BOGDANDY, A., BAST, J. (2010). Principles of European Constitutional Law.. Oxford.
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Walker, et al. (2003). Sovereignty in Transition. Portland.
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Walker, Shaw, Tierney et al. (2011). Europe´s Constitutional Mosaic. Oxford.
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